Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-09-23

ff1futlnu anu fAM7 81 kIf Inlff1 Sfttfos t-N
culy lexicon which this Court win consult In
case which 20 deeply concerns the highest fran
chise Of n sovereign Statc-the liberty OF u.
citizens and the obedience Of It's officers.
May it please your Honor, State OF the
American Union Is not myth, but is living
corporation. IL Il composed OF collection OF
lndlyiduais inhabitiDg a defined geographical
spsce. with a government and laws % organize
Them and impart 20 them the characteristics
Of q body political, and which maintains con-
stituiicnal relations with the Government OF
the United States.
Thus defined. a State Is taugible. visible.
mufahle. and Is capable of doing wrong and
committing error, a. the secession Of Vlrginia
and The other reconstructed States Of the
south section viii doubtless prove 70 so loyal G
citizen IA Mr. Justice Matthews. tfs'.-'
Tho fourth section OF Article OF the Con-
snludon provides that "the United states
shall guarantee 20 every State OF the Union q
repul lican form Of government" To con-
vince your Honor that this guaranty has been
con Piled with In the case Of Virginia, | have
but 10 refer 10 the re0dmission Of that State
into the Union after the close OF the civil war
with Constitution accepted "a republican by
Congress.
That was an act Of the political pewcr. II
binds all, and this Court cannot c0nrovert or
annul II.
Your Honor will take judicial notice that the
Republican Constitution Of Virginia, accepted
by Congress and guaranteed by the United
States, created government OF the people OF
Virginia. who are the State Of Virginia. aud
that its government must be presumed by
this Court 70 he conducted In accordance with
their wishes and by their commands. Its acts
are their acts. They bind. In contemplation OF
law, Is much as the acts n any deputy cau bind
bis principal. This presumption OF law not
the Supreme Coun, In the plentitude of despotc
power seeking 10 subordinate the States 70 its
absolute dicta, can break down or set NJ naught
Particularly is this true in this deploraDls debt
controversy, cut Of which this constitutional
problem has arlsen-n flower grown from a
feild sOil-so interesting TO every intelligent
mind in the United states. It Is known tina.
over IL The State of Virginia. orto speak with q
stricter prOpriety, q majority Of the political
body. has psssionatcly taken Jurisdiction,
moving its representatives ne puppets aud
debating legislation 10 relation 10 Il.
II this reasoning be correct | conclude that
whether the act Of May 12ih be considered
constitutional or unconstitutional, 70 Is equally
the act of the state Of Virginia. and that !, It's
commanded agent and officer, am not I'm con-
tempt because. when placed IN the dilemma OF
contrary orders | have yielded obedience 10
my natural sovereign, whose bread eat aud
whose laws bave sworn 10 obey Whenever
net as COmmCnWcalih'5 attorney.
The State which directs my official conduct
is, by the law Of the civilized world. response
lie for II, and 10 the state OF Virginia refer
your Homer az the respJnslblc party I'm this
case. Arraign Virginia before your judgment
g. at, visit your penalties on her head.
But another deduction may be drawn from
this reasoning which II Il well not 10 overlook
In this place.
II il bC true as a constitutional proposition.
that all the acts Of n republican government
are assun cd 10 DO the acts Of the state, and
that this ruling of the Supreme Court Is In
deed blow struck at the sovereignty OF the
people OF tie state, II j. logi,a consequence
that when a Federal court takes Jurisdiction
90 a a II fHarnlv a. fmrf- -Hte.
ton Of the state itsolf.
TO hold otherwise Is 20 eyade ~ eleventh
amendment and 10 treat the Constitution with
contempt. A single consideration will set this
truth very clearly before your Honor. II, By
affecting the agents or officers Of Virginia with
imprisonment and connscaton, the Supreme
Court can succeed IN forcing tho treasurers to
ncceyt coupons without verificatiOn, and upOa
simple tender. upon whom, ask. does the con-
sequence fnlf Not upon tho tredsurcrs, not
upon tho C9mmouwealths attorneys. The
consequence falls alone upon the state of Nir-
cuiG, whore Treasury, by this means. will hayo
leen tanlsrupted by unconstitutional action OF
The Supreme Court. Tho Supreme C0url
needs not 10 he informed that behind these
freH-uTers and these COmmonW wealthy attorneys
he STATE Of Virginia stands 10 DO ahec,el by
all The decisions iRainst them. Through nil
those maZcs and crooked paths virginia Is the
lurty whom tho supreme Court l. seeking Ia
recch-that tate ieth game they are hunting.
A4ILtNRI NE tiig parry ii4 li icI''ts VII Elulh "
u0t Iarty 10 the record because the eleventh
amendment which fOraids "a state 10 be sued Ia
o Federal court by an Individual. nWkwar1ly
stands In the w0y. No other reason can he as-
,ignCd for tie omission 10 stand her az the bar
of tho Supreme Court. Surely your Honor
will allow that This court. because tits forbidden
10 entertain suit against a. state Of Virginia.
cannot therefore lay violent hands on me. A
defect Of power is not grant Of power.
] his defect Of jurisdiction significantly sug-
g. Ion g
stitution they. its contriycr5 and artihcera
did not design 10 confer upon the Federal
court that Jurisdiction, ana 10 affords strong
support % the opinion that. when the COustitu-
tion declares State legislature shall not pas
any Jaw impairing the obligation OF ofcOntracts. II
did not mean 90 include contracts made by the
state Itself, which. a. n body polite, IL had
the election 10 perform or not according 10 the
dictates 81 its morality.
IT, finally, 10 comes 20 De dcci1.d-aQr this
great question Is yet In 8 state Of fuctuistiOn-
hat cdcrGl court cnn c0nstitutionally step
between q State Of tho Union and its officers
and agents. aud arso'vo them from obedience
10 Il, most fatal blow will have been struck AT
Tie existence Of The States OF this Union.
The clouds win have begun 20 gather aud
preparation made for those evil times which
ADMINISTRATIONS foretcll are ahead Of this re-
public. The states called this Union into OK
istcnce, and, from having heon IT. ere itOrs aud
coustitucuts-thc massive pillars Of n gigantic
icOcfol eNhlcn-tHty VIII IhNc sunk uoNu INTO
the degraded yassals Of the supreme Court
Your Honor will be pleased 20 take notice
that this Federal Union. designed and con-
structed by he fatlerS Of the republic for the
EalitrtioI - greet people, may De destroyed
as of,ctUally ly consolidation Of tho States
Cs - rcG-handcd seces Ion When a stretch
oi judicial power IS proposed, which. II success Sc
fui. must produce that result surely, by this
Court, foriratreason, Il ought 10 be condemned
n unconstitutional.
I;ut II your Honor shall reject my arguments
as vain and illusOry and shall decide that
have acted I'm contempt Of your IOnor's aG-
thority. I am here 20 abide tie consequences OF
Your displeasur0,
All Of which is spcctfuly submitted.
JOIN SCOTT,
Commonwealth's Attorney for FauIuler coun-
ty Va.
yf,J.,,8 Co,sop,Ior 90 1897